Legal Question in Medical Malpractice in Florida

wrong sutures used

My Fiance' had a laparoscopy for endometriosis approx 1 month ago. she complained to the Dr. that we could actually feel a nylon suture poking through an incision. He said they were supposed to be dissolving and should be gone within a couple weeks. My fiance now has a purulent wound dehescion with nylon poking out of it. We can also feel another suture starting to poke out of the umbilical area, where another wound is starting to develop. The incisions were only glued shut. We now have to go to his office tomorrow to have these wrongly inserted nylon sutures removed as well as having her abdominal infection addressed. (We are both RN's, so actually know a wee bit about whats going on.) Am I correct that she should be entitled to damages secondary to malpractice or negligence?

Asked on 9/06/07, 11:30 pm

1 Answer from Attorneys

Alan Wagner Wagner McLaughlin, P.A.

Re: wrong sutures used

It depends. The sutures may actually be dissolving sutures that just did not disslove. If so, no negligence. Even if non dissolving sutures were used, that may not be below the standard of care. If it is, and if your fiance' gets better, then you have a claim for negligence but almost certainly no way to actually bring it. The Legislature created a series of laws designed to prevent ao-called "frivolous" lawsuits. The system is very expensive and very complex. As a result without a significant permanent injury -- even in the face of absolute negligence -- you usually cannot economically afford to sue. The amount likely to be recovered would not cover the cost of going to trial and the repayment of the insurance company health care liens. If your Fiance' gets better -- and let's hope he does -- his case almost certainly falls into this catagory. In essence, the Legislature believes such claims are "frivolous."

Let's hope he gets better. If he does not, be sure to contact a lawyer that specializes in medical malpractice cases.

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Answered on 9/07/07, 8:03 am

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